Rajesh Nath v. The State of Assam

ORDER

30.05.2024

This matter was called thrice during the course of the day. However, none appears for the petitioner on call. Mr. B. Sarma, learned Additional Public Prosecutor for the State is present. Page No.# 2/2 By this application under Section 438 of Code of Criminal Procedure, 1973, the petitioner, namely, Sri Rajesh Nath has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Basistha Police Station Case No. 670/2023 registered under Sections 420/406 of IPC. This Court under its order dated 30.11.2023 while calling for the case diary, had granted interim protection to the petitioner from arrest with a condition that the petitioner shall appear before the Investigating Officer within 02 weeks from

30.11.2023 for recording his statement. Case diary is received. Perused the same. Case diary reflects that the petitioner has not appeared before the Investigating Officer pursuant to this Court's order dated 30.11.2023. None appears for the petitioner also to represent him. In view of the aforesaid, the present bail application stands dismissed for non prosecution. Interim order dated 30.11.2023 stands vacated. Case diary be returned back.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010269072023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4046/2023 RAJESH NATH S/O LATE MAHENDRA NATH R/O DHING NAMDOOMDOOMIA P.O. AND P.S. DHING DIST. NAGAON, ASSAM PIN-782123 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H BARUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY